USCIS Updates Guidance on Discretionary Factors for Adjustment of Status Applications

U.S. Citizenship and Immigration Services (USCIS) updated its existing policy guidance in the USCIS Policy Manual regarding the exercise of the secretary of the Department of Homeland Security’s discretion in adjudications of adjustment of status applications.

Under the new policy guidance, USCIS officers may examine positive and negative factors including, but not limited to, an LPR applicant’s:

• Community standing and moral character.

• Family-based and/or community-based ties to the United States.

• Immigration status and history.

• Business, employment, and skills.

• Additional humanitarian concerns.

When the positive discretionary factors about an individual outweigh the negative factors, officers can make a positive decision and approve an LPR application. The converse is also true: USCIS officers may deny an LPR application when the negative discretionary factors outweigh the positive.

Iandoli Desai & Cronin will continue to monitor the situation and provide updates as this new guidance goes into effect.